CHAPTER 461

AN ACT TO AMEND CHAPTER 41, TITLE 7, DELAWARE CODE, RELATING TO TAX DITCHES BY ADDING NEW POWERS.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Chapter 41, Title 7, Delaware Code, is hereby amended by adding a new subsection (10) to Section 4161 thereof to read as follows:

(10) After initial construction has been completed, and with the prior approval of the Delaware Soil and Water Conservation Commission, and with written consent of more than one-half of the landowners involved owning more than one-half of the drainage area assessed:

(a) Transfer to said Commission:

(1) The responsibility for certain specified responsibilities for maintenance of the Tax Ditch.

(2) All rights-of-way assigned by Court Order to the Tax Ditch for construction and maintenance operations.

(3) Any and all powers possessed by the Tax Ditch, or the managers thereof, related to obstruction of, or damage to said Tax Ditch, or to the addition of territory to a Tax Ditch, or to the alteration of a Tax Ditch.

(b) Discontinue annual and other meetings of taxables and of Tax Ditch Managers, except that when maintenance has been transferred to the Commission, that body shall call a meeting of the taxables upon a written request from at least three of such taxables.

(c) Discontinue Tax Ditch managers and secretary-treasurer as long as no meetings are being held.

Approved July 21, 1966.